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1300774

registered interest
date	09/03/2021
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Data Protection: Japan
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Digital, Culture, Media and Sport, whether UK citizens’ data is afforded the same degree of protection in Japan under the UK-Japan Comprehensive Economic Partnership Agreement as EU data is under the Japan-EU Free Trade Agreement.
tabling member constituency	Islington South and Finsbury
tabling member printed	Emily Thornberry
uin	165471
answer	answer is ministerial correction date of answer 17/03/2021 answer text <p>The EU-Japan agreement does not include data provisions. There is simply a review clause in the free flow of data article that commits the parties to assess the need for the inclusion of provisions on the free flow of data in the agreement within 3 years.</p><p><strong> </strong></p><p>UK citizens’ data protection rights are not impacted by the agreement with Japan and UK data protection standards will not change as a result of the agreement. The UK data protection regime - enshrined in the Data Protection Act 2018 and UK GDPR - will continue to apply.</p><p> </p> answering member constituency Maldon answering member printed Mr John Whittingdale question first answered 17/03/2021 13:27:54 answering member 39 label Biography information for Sir John Whittingdale
tabling member	1536 label Biography information for Emily Thornberry

1300777

registered interest
date	09/03/2021
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Data Protection: Japan
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Digital, Culture, Media and Sport, with reference to the UK-Japan Comprehensive Economic Partnership Agreement, (a) whether UK citizens’ data has the same protections from onward transfer as EU data and (b) how UK citizens data protection will be enforced.
tabling member constituency	Islington South and Finsbury
tabling member printed	Emily Thornberry
uin	165472
answer	answer is ministerial correction date of answer 17/03/2021 answer text <p>UK citizens will enjoy the same protections for their personal data as they did before the agreement. Nothing in the UK-Japan Comprehensive Partnership Agreement (CEPA) changes the current position in relation to onward transfers of UK personal data from Japan. Transfers of personal data from the UK to Japan are governed by the preserved effect of the EU’s adequacy decision for Japan. This recognises that the Japanese data regime has appropriate protections in place when personal data is transferred from Japan to other countries, including enforcement mechanisms.</p><p> </p> answering member constituency Maldon answering member printed Mr John Whittingdale question first answered 17/03/2021 13:33:56 answering member 39 label Biography information for Sir John Whittingdale
tabling member	1536 label Biography information for Emily Thornberry

1300778

registered interest
date	09/03/2021
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Data Protection: Japan
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Digital, Culture, Media and Sport, if UK citizens’ data could be transferred under the UK-Japan Comprehensive Economic Partnership Agreement from Japan to third countries with lower levels of data protection.
tabling member constituency	Islington South and Finsbury
tabling member printed	Emily Thornberry
uin	165473
answer	answer is ministerial correction date of answer 17/03/2021 answer text <p>Transfers of personal data from the UK to third countries are regulated under the UK GDPR and the Data Protection Act 2018, not free trade agreements.</p><p><strong> </strong></p><p>The UK-Japan CEPA does not change the current position in relation to onward transfers of UK personal data from Japan. Transfers of personal data from the UK to Japan are governed by the preserved effect of the EU’s adequacy decision for Japan. This recognises that the Japanese data regime provides appropriate protections when personal data is transferred from Japan to third countries.</p><p> </p> answering member constituency Maldon answering member printed Mr John Whittingdale question first answered 17/03/2021 13:32:23 answering member 39 label Biography information for Sir John Whittingdale
tabling member	1536 label Biography information for Emily Thornberry

1300779

registered interest
date	09/03/2021
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Data Protection: Japan
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Digital, Culture, Media and Sport, what plans he has to trigger UK-Japan Comprehensive Economic Partnership Agreement public policy exemptions if UK citizens’ data was to be transferred to third countries with lower levels of protection under the agreement.
tabling member constituency	Islington South and Finsbury
tabling member printed	Emily Thornberry
uin	165474
answer	answer is ministerial correction date of answer 17/03/2021 answer text <p>The UK is preserving the effect of the EU's adequacy decision for Japan on a transitional basis because robust protections are in place for the international transfer of personal data. The UK-Japan Comprehensive Economic Partnership Agreement (CEPA) does not change this position in relation to onward transfers of UK personal data from Japan.</p><p><strong> </strong></p><p>The CEPA article on cross-border flows (8.84.2) states that exceptions to the flow of data can be made to achieve “legitimate public policy objectives”. This means that if justified, either party could take action to restrict data flows.</p><p><strong> </strong></p><p>CEPA addresses data flows between the UK and Japan and not onward transfers to other jurisdictions.</p><p> </p> answering member constituency Maldon answering member printed Mr John Whittingdale question first answered 17/03/2021 13:31:07 answering member 39 label Biography information for Sir John Whittingdale
tabling member	1536 label Biography information for Emily Thornberry

1300782

registered interest
date	09/03/2021
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Data Protection: Japan
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Digital, Culture, Media and Sport, what assessment he has made of the compatibility of a potential ban on arbitrary or unjustifiable restrictions on data flows within the UK-Japan Comprehensive Economic Partnership Agreement and the UK’s GDPR regime.
tabling member constituency	Islington South and Finsbury
tabling member printed	Emily Thornberry
uin	165475
answer	answer is ministerial correction date of answer 17/03/2021 answer text <p>We are confident the UK GDPR is compliant with the terms of the legitimate public policy exception in the cross-border flows article (8.84) of the UK-Japan CEPA. The UK GDPR requirements are not arbitrary nor unjustifiably discriminatory, and ensure a high standard of protection for personal data transferred outside the UK.</p><p> </p> answering member constituency Maldon answering member printed Mr John Whittingdale question first answered 17/03/2021 13:29:30 answering member 39 label Biography information for Sir John Whittingdale
tabling member	1536 label Biography information for Emily Thornberry

1300784

registered interest
date	09/03/2021
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Data Protection: Japan
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Digital, Culture, Media and Sport, whether UK citizens enjoy individual rights to reasonable explanation and reasonable inferences on how their data is used under the exemptions of the UK-Japan Comprehensive Economic Partnership Agreement.
tabling member constituency	Islington South and Finsbury
tabling member printed	Emily Thornberry
uin	165476
answer	answer is ministerial correction date of answer 17/03/2021 answer text <p>The UK-Japan Comprehensive Economic Partnership Agreement (CEPA) obliges both parties to adopt or maintain a legal framework that provides for the protection of the personal information of the users of electronic commerce, which includes publishing information on protections as well as ways that individuals can pursue remedies and businesses can comply with legal requirements.</p><p><strong> </strong></p><p>CEPA does not change existing protection for UK citizens’ personal data, as set out in the UK GDPR and the Data Protection Act 2018, including the right to be informed about the collection and use of their personal data</p><p><strong> </strong></p><p>The most relevant exemption for data protection - in the cross-border transfer of information article (Article 8.84) in the CEPA - allows the UK to adopt measures restricting data flows to achieve a legitimate public policy objective, such as personal data protection, provided the conditions attached to the use of the exemption are satisfied.</p><p><strong> </strong></p> answering member constituency Maldon answering member printed Mr John Whittingdale question first answered 17/03/2021 11:00:41 answering member 39 label Biography information for Sir John Whittingdale
tabling member	1536 label Biography information for Emily Thornberry

1300786

registered interest
date	09/03/2021
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Technology: Japan
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Digital, Culture, Media and Sport, what assessment he has made of the effect of the source code, software and algorithm provisions of the UK-Japan Comprehensive Economic Partnership Agreement on the Government’s right to regulate new technologies.
tabling member constituency	Islington South and Finsbury
tabling member printed	Emily Thornberry
uin	165477
answer	answer is ministerial correction date of answer 17/03/2021 answer text <p>The UK-Japan Comprehensive Economic Partnership includes a provision that ensures UK businesses will not be forced to share their software’s source code, or algorithms expressed in that source code, as a condition of entering the Japanese market. This provides protection for UK company trade secrets and allows companies to retain any competitive advantage that their source code provides.</p><p /> <p>The agreement does not prohibit all regulatory intervention in respect of new technologies and is designed with future-proofing in mind. The permissible interventions include setting standards, supplier selection, reviewing coding procedures, inspecting underlying data-sets, and prose explanations as to how an algorithm reached a decision.</p><p /> <p>In designing the exceptions to the source code provision, the UK and Japan have taken a technology and regulator neutral approach. We are convinced that this approach is best to ensure the provision and the exceptions meet both the current and future needs of UK regulators.</p><p> </p><p> </p> answering member constituency Boston and Skegness answering member printed Matt Warman question first answered 17/03/2021 13:26:54 answering member 4361 label Biography information for Matt Warman
tabling member	1536 label Biography information for Emily Thornberry

1300787

registered interest
date	09/03/2021
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Internet: Japan
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Digital, Culture, Media and Sport, what assessment he has made of the potential effect of the UK’s commitments under the UK-Japan Comprehensive Economic Partnership Agreement on enacting future online harms legislation.
tabling member constituency	Islington South and Finsbury
tabling member printed	Emily Thornberry
uin	165478
answer	answer is ministerial correction date of answer 16/03/2021 answer text <p>This Government is committed to making the UK the safest place in the world to be online and the best place to start and grow a digital business. We stand by our online harms commitment and nothing agreed in trade deals will affect that. The UK-Japan Comprehensive Economic Partnership Agreement does not impact the government’s ability to enact legislation to tackle online harms.</p><p><strong> </strong></p><p>In December we published the full government response to the Online Harms White Paper, which set out the expectations on companies to keep their users safe online. The Online Safety Bill, which will give effect to the regulatory framework set out in the full government response, will be ready this year.</p> answering member constituency Gosport answering member printed Caroline Dinenage question first answered 16/03/2021 18:35:19 answering member 4008 label Biography information for Dame Caroline Dinenage
tabling member	1536 label Biography information for Emily Thornberry

1300788

registered interest
date	09/03/2021
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Data Protection: Japan
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Digital, Culture, Media and Sport, what assessment he has made of the long-term compatibility of UK-Japan Comprehensive Economic Partnership Agreement data rules and the draft data adequacy decision taken by the EU with respect to the UK.
tabling member constituency	Islington South and Finsbury
tabling member printed	Emily Thornberry
uin	165479
answer	answer is ministerial correction date of answer 17/03/2021 answer text <p>The European Commission published draft adequacy decisions for the UK on 19 February 2021. These decisions follow a thorough assessment of the UK’s legislation and regulatory framework for personal data.</p><p><strong> </strong></p><p>The UK-Japan Comprehensive Economic Partnership Agreement (CEPA) is compatible with these decisions because CEPA’s provisions do not affect the data protection standards set out in the UK GDPR and Data Protection Act 2018, including those concerning the cross border transfer of personal data.</p><p><strong> </strong></p><p>The UK recognises the importance of data protection to enable trading partners to build trust through transparent treatment of personal data and to ensure that data is able to flow in an uninterrupted manner.</p><p> </p> answering member constituency Maldon answering member printed Mr John Whittingdale question first answered 17/03/2021 11:01:42 answering member 39 label Biography information for Sir John Whittingdale
tabling member	1536 label Biography information for Emily Thornberry

1300789

registered interest
date	09/03/2021
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Data Protection: Japan
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Digital, Culture, Media and Sport, how the data provisions of the UK-Japan Comprehensive Economic Partnership Agreement affect the data protections UK citizens are afforded if they are employed by a company based in Japan.
tabling member constituency	Islington South and Finsbury
tabling member printed	Emily Thornberry
uin	165480
answer	answer is ministerial correction date of answer 17/03/2021 answer text <p>The UK-Japan Comprehensive Economic Partnership Agreement (CEPA) does not affect existing data protection standards in the UK or Japan. Further, the UK has preserved on a transitional basis the effect of the EU’s adequacy assessment of Japan’s data protection regime, which recognises that Japan offers an adequate level of data protection. This allows personal data to flow freely between the two economies on the basis of strong data protection guarantees.</p><p>The data provisions in CEPA do not affect the scope of the UK GDPR or the Data Protection Act 2018. If a Japanese company is processing employees’ personal data in the context of an establishment in the UK, or otherwise meets the requirements of the territorial scope provisions of the UK GDPR, then the UK GPDR and Data Protection Act 2018 will apply to the processing.</p> answering member constituency Maldon answering member printed Mr John Whittingdale question first answered 17/03/2021 11:03:21 answering member 39 label Biography information for Sir John Whittingdale
tabling member	1536 label Biography information for Emily Thornberry